§ 8.01-4 amended.

Local court rules. Limits the rules that circuit and district courts may prescribe to only those absolutely necessary to promote proper order and decorum and the efficient use of the courthouse facilities and clerks' offices and invalidates any rule which is not so necessary. The bill states that it is the clear intent of the General Assembly that there be no local rules and that any docket control procedures not affect the substantive rights of the litigants. The Courts of Justice Committees and the Supreme Court are asked to review and recommend to the 2000 General Assembly which matters are docket control procedures and which are local rules. HB 2522; CH. 839 (effective 7/1/00).

§ 8.01-6.2 added.

Amendment of pleading; relation back to original pleading; confusion in trade name. Provides that the statute of limitations is tolled whenever a party incorrectly asserts a claim against the wrong party because the trade name of the incorrectly named party is substantially similar to the trade name of the intended party. The party (or its agent) to whom the plaintiff intended to assert the claim must have notice of the claim, and the incorrect claim must have been asserted before the expiration of the applicable limitations period. The bill also provides for tolling of the statute of limitations when a pleading against the estate of a decedent is served or attempted on the executor who, at the time of service, had no authority to accept service. HB 2582; CH. 686.

§ 8.01-9. See § 46.2-356; HB 1812/SB 841.

§ 8.01-9 amended. Civil actions. Provides that if the defendant is indigent, the Commonwealth must pay for the guardian ad litem appointed for an incarcerated felon who is sued by a crime victim. The Commonwealth is entitled to be reimbursed. SB 996; CH. 955.

§ 8.01-44.1. See § 23-9.4; HB 2339.

§ 8.01-44.5 amended. Exemplary damages for persons injured by intoxicated drivers. Makes a technical amendment to the law by specifying how blood alcohol is measured. HB 2412; CH. 324.

§ 8.01-225. See § 32.1-111.1; HB 2097.

§ 8.01-225. See § 22.1-274; SB 889.

§ 8.01-226.5 added.

"Year 2000" immunity for certain employees. Provides that civil actions may not be brought against any officers or employees of the Commonwealth or its political subdivisions, constitutional officers, finance directors or jail superintendents based upon the failure of a computer, software program, database, network, or information system operated by or on their behalf to interpret, produce, calculate, generate or account for a date which is compatible with the "Year 2000" date change. HB 2158; CH. 1002.

§ 8.01-226.5 added.

Child restraint devices; immunity. Provides that any person who has successfully met the minimum required training standards for installation of child restraint devices established by the U.S. Department of Transportation, who in good faith and without compensation installs, or inspects the installation of, a child safety seat is not liable for any damages resulting from an act or omission related to such installation or inspection in the absence of gross negligence or willful misconduct. SB 1329; CH. 293.

§§ 8.01-227.1, 8.01-227.2, and 8.01-227.3 added.

Limiting liability and damages for economic loss in connection with the Year 2000 date change. Stipulates liability and damage rules for civil actions based on "Year 2000 problems." The rules are: (i) no person shall be liable to any person who (a) is not in privity of contract with him, (b) has not been extended an express warranty by him, or (c) in the case of a trust, is not the beneficiary of a trust administered by him; (ii) no person shall be liable for damages caused by a delay or interruption in performance, or in the delivery of goods or services, resulting from or in connection with a Year 2000 problem, to the extent such problem was caused by a "third party" or a third party's Y2K problem; (iii) no employee, officer, or director shall be liable in his capacity as such to any person; (iv) no person shall be liable for consequential or punitive damages; and (v) total damages shall not exceed actual direct damages in any Y2K liability case. The bill does not affect the right of recovery for damages in connection with wrongful death or injuries to persons or property. SB 983; CH. 954.

§§ 8.01-241 and 8.01-242 amended.

Enforcement of deeds of trust. Clarifies that a secured party may extend the enforcement period of a deed of trust beyond the 20 years provided by statute by obtaining a certificate, signed by the borrower, and recording it in the clerk's office. The bill also extends the time period for the enforcement of a credit line deed of trust from 20 to 40 years. HB 2451; CH. 788.

§ 8.01-243.2 amended.

Limitations of actions by confined persons; exhaustion. Requires persons confined in local correctional facilities to exhaust all administrative remedies before bringing any personal action relating to the conditions of their confinement. HB 1522; CH. 47.

§ 8.01-262 amended.

Permissible venue. Makes abundantly clear that venue lies in any county or city wherein any of the plaintiffs reside if all of the defendants are unknown or are nonresidents of the Commonwealth. The current statute has been judicially interpreted to mean that such venue is allowed only if no other permissible venue is available. HB 1899; CH. 73.

§ 8.01-262.1 amended.

Place for bringing action under a contract related to construction. Makes unenforceable any provision in a construction contract mandating that any action on the contract be brought in a location outside the Commonwealth. HB 2431; CH. 130.

§ 8.01-273.1. See § 38.2-5003; HB 1555.

§ 8.01-316 amended. Service by publication. Provides that the cost of such publication may be paid initially by the party seeking service. However, such costs shall ultimately be recoverable by the party seeking service if that party is given final judgment. SB 941; CH. 353.

§ 8.01-328.1. See § 18.2-152.2; HB 1668/HB 1714/SB 881.

§ 8.01-335 amended. Certain cases struck from dockets after certain period. Allows a court to dismiss an action without notice to the parties if the case has been on the docket for three years with no orders or proceedings, except for continuances. The bill also requires that the clerk shall provide notice to the parties after dismissal and that the parties have one year to reinstate it. HB 1565; CH. 652.

§ 8.01-341.1 amended.

Exemptions from jury service. Makes clear that persons eligible to claim an exemption from jury service may serve if they wish but are exempt from such service upon their request. Current language only provides that such person may claim the exemption. SB 967; CH. 153.

§ 8.01-343 amended.

Juror selection. Increases the maximum number of jury commissioners for each judicial circuit from nine to 15. HB 2753; CH. 221.

§ 8.01-357 amended.

Jury selection. Eliminates provision which allows a party to move for selection of jurors by lot. Jurors will be selected randomly. The bill is recommended by the Judicial Council. SB 187; CH. 3.

§ 8.01-418.3 added.

Year 2000 assessment privilege. Provides that Year 2000 "assessments" and "documents" shall not be discoverable or admissible in evidence unless ordered by the court for good cause shown. The purpose of the bill is to encourage people and businesses to conduct assessments of their Year 2000 readiness and take timely and adequate measures to solve Year 2000 problems without fear that such documents will create opportunities for litigation. The bill is a recommendation of the Joint Commission on Technology and Science. HB 1663; CH. 17.

§ 8.01-425.1 added.

Release of liability; right of rescission. Provides that a personal injury plaintiff or claimant who executes a release of liability within 30 days of the incident giving rise to the claim who is not represented by counsel may rescind the settlement until midnight of the third business day after the day the release was executed. The rescission must be in writing and any settlement proceeds returned. HB 2560; CH. 326.

§ 8.01-471 amended.

Time period for issuing writs of possession in unlawful entry and detainer; when returnable. States that writs of possession shall be issued within one year of the entry of judgment for possession in unlawful entry and detainer actions, unless the landlord has accepted rent payments without reservation. HB 2552; CH. 683.

§ 8.01-502.1 amended.

Serving notice of lien on financial institution. Requires a financial institution to respond within 21 days to a notice of lien from a judgment creditor or judgment creditor's attorney, and indicate the amount of money held by the financial institution pursuant to the notice of lien. HB 1527; CH. 48.

§ 8.01-508. See § 19.2-80.2; HB 1691/SB 820.

§ 8.01-581.15 amended. Medical malpractice limit. Raises the amount recoverable from $1 million to $1.5 million, exclusive of interest. The $1.5 million limit will increase by $50,000 annually until June 30, 2007. The annual increase on July 1, 2007, and the annual increase on July 1, 2008, shall be $75,000 per year. Each annual increase shall apply to the act or acts of malpractice occurring on or after the effective date of the increase. The July 1, 2008, increase shall be the final annual increase. SB 1230; CH. 711 (effective 8/1/99).

§ 8.01-582 amended.

Appointment of general receivers; their duties; audit of funds. Ensures that all funds held by a general receiver who was appointed by a clerk of the circuit court are protected as "public funds" pursuant to the requirements of the Virginia Security for Public Deposits Act. HB 2036; CH. 198.